DURGA RANI PANDIT Vs. SIDESHWAR MONDAL

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and decree passed by learned Additional District, Fast Track 2nd Court, Contai, Purba Medinipur in Title Appeal No. 4 of 2016, thereby affirming the judgement and decree dtd. 30/8/2014 passed by learned 1st Court, Additional Civil Judge, Junior Division, Contai in Title Suit No. 25 of 2012.

(2.) For the sake of convenience the parties will be referred to as they were arrayed before the learned Trial Court.

(3.) Briefly stated, the appeal relates to proper perspective, it is expedient to have a brief fact of the case, Sideshwar Mondal and Smt. Kajal Mondal filed a suit for declaration and permanent injunction in respect of property described in schedule 'Ka' of the plaint against Smt. Durga Rani Pandit contending, inter alia, that 'Ka' schedule property originally owned by one Manas Kumar Pandit who sold and transferred the same on 3/12/2007 to Bhanu Chandra Das and 10/4/2010 to the proforma-respondent no. 2, Bhanu Chandra Das. Said Bhanu Chandra Das on 8/7/2011 executed the sale deed transferring thereby 55 decimal of land out of 'Ka' schedule property in favour of the plaintiff no. 1 and on 13/7/2011 he sold and transferred 21.5 decimal of land in favour of the plaintiff no. 2 but the deeds were registered on 2/11/2011 and 4/11/2011 respectively. Thus, the plaintiffs acquired right title interest and possession in respect of the said property. The plaintiffs further stated that as the non-judicial stamp papers, required to prepare the deeds were not available with the stamp vendor of jurisdictional Sub-Registrar office, they had to procure it from the stamp vendors, working far away from the residence of the plaintiffs.